I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.

Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion

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nav_kri

12-31 01:22 PM

So does this mean I am stuck with Company A till I get Garbage Can I mean GC ?

Searched on google and got the following info

MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/chatlogs/ch121806_P.html) Chat User : Thanks a lot in advance for the kind-hearted services, Labor/I140 approved, got 3-yr extension after completing 6yrs of H-1. If I change my employer now, can I get 3-yr extension, and can I keep my priority date even if my employer cancels I-I40? Attorney Murthy : Based on the current understanding of the law and the USCIS interpretations, one is allowed to file for a 3-year H1B with a new employer based on the I-140 petition with another employer. Also, the person should be able to retain the earlier PD unless the USCIS believes that there was some sort of fraud. We have seen them grant the earlier PD in most cases, even after the earlier employer revokes or cancels the previously-approved I-140 petition. Many employers nowadays are choosing not to pursue revoking the I-140 petition, especially if the employee paid for the processing.

Job Change - Transfer of Original Priority Date This is not related to AC21 portability. This is very useful in a case you are planning to change jobs or you fear that your employer may be thinking about laying you off or firing you.

If the person has an approved I-140, but I-485 is not filed during priority date not being current, and decides to change the job, either with the same employer for a different job or with a new employer in a new position, the green card case would have to be started all over again, including labor certification(if required), I-140 and I-485 (or consular processing). However, if the person had an approved I-140 from the previous job, it is possible to request to retain the priority date in a new I-140 petition.

You can change jobs when I140 is approved and I485 not filed but the new employer will have to start GC process from scratch, but you can retain old PD. You can also check with attorney if you are still doubtful.

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ramus

06-18 11:43 AM

I totally agree..

If to get EAD and AP going to take more then year then what is advantage of VB becoming current?

When the EAD and AP dates processing dates are backlogged, there isn't much advantage to early filing.

Thanks ilikekilo for the information. My husband medical coverage will start on the same day of his joining date. There is no waiting period. We need to find out what kind of healthcare plan they are providing and check whether my hospital and OB is under there network.

there you go, good for you...you have nothing to worry about then, worst case you may have to change your OBGYN...start looking for good references in the area...

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gc_kaavaali

05-21 01:03 PM

I don't know about that...is it true that i can get interim EAD after 90 days???

If you are telling me that VO or IO has access to all criminal records from all 51 states, i can't stop laughing here.

If they have access, why do they even have a section for declaring voluntarily?? to test honesty of the applicant??

Lots of things have changed since 9/11. Browse immigration.com for peoples postings over the last seven years and find some articles written by attornies and deportation cases.

Before your flight even takes off; the passenger manifest is sent to Department of Homeland Security. They run it against every database they have. Before, you land they already know whether you have a criminal record (expunged or not); you have a warrant or are on a terror watch list.

There were some high profile cases where department of homeland security received the information late and had the plane diverted to Canada and had passenger removed who was on such list. I even believe Cat Stevens was denied entry after his plane left England. I think the plane had to stop in Nova Scotia and they wouldn't let him back onto the plane.

I have known people who had shoplifting record in California that was expunged. When they went for visa stamping they answered that they hadn't been arrested (chennai consulate). Visa officer already had the information and confronted person with it. Person explained that since it was expunged; their criminal attorney told them they didn't need to declare such things. Person had to get the court/arrest records to show consulate (Person is on h-1b and has US citizen child (for what it's worth). Don't know if person was able to come back here.

In local office interviews; people have been asked if they have criminal record (I/O's basically ask every question again on 485 and g-325a; just to see if person is telling the truth (they already know the answer). Person replied no and USCIS officer stated that was not the information they had and confronted the person with the record.

Every time someone opens up a bank account, brokerage account, etc.; their name gets sent to Washington DC and checked against terrorist watch lists under the anti money laundering rules which I believe came into effect in 2002. Why is that relevant.

I know of two people. One lady who after she got EAD/AP was awaiting local office interview. She went to India and came back to USA. At the border; CBP asked her if she owned any company. Before, she could answer they named the company. In her passport, they made annotation of possible immigration fraud and sent her for deferred inspection to local CBP office. Lucky for her she had opened up the company after she got EAD and CBP allowed her in and eventually she got greencard (she opened up the company and had husband contracting through the company).

Another person I know; he had H-1b and was working for some motels (he specifically told me he did IT work and wasn't working as a clerk and the company was a holding company with many motels). His case was transferred to local office. Local office called him and stated they wanted him to come to office next day. When he went they asked him why he was listed as an account signatory on the motels bank account. They thought he wasn't doing h-1b work and was doing unauthorized work.

Both of the above cases I know intimately. They both got on radar of USCIS because of the anti money laundering rules and their names came up against the databases that USCIS checks and they decided to start further investigating.

This is one of the reasons that these background checks take so long. There is a lot more they do other then check to see if you are a terrorist.

Department of Homeland Security has access to a lot of information that they didn't have before.

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willgetgc2005

02-24 05:48 PM

I contributed just now.

I hope after the concall this weekend, more people will contribute. Suggestion, can you guys highlight what our lobbying firm has done so far and what it will do fot he upcoming bills ? Seeing that progress will make a lot more come forward.

Thanks you all for the responses and help. We are searching for employers who can help me out in the situation. Most of them are thinking twice bcoz I am pregnant and have to take maternity leave within a 2- 3 weeks.

Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.

YOu stated " 3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages".............

THAT IS NOT TRUE. here is the fact

1) Under HIPAA ACT , pregnancy CANNOT be considered as a pre existing condition by GROUP HEALTH coverage . This means you can also get health insurance by applying while u r pregnant.

Although, in my opinion the important thing you may want to know is "what is the waiting period for your husbands group coverage at his new job, is it 30/60/90 days?

bottomline: if there is a waiting period for him(which means for you too inorder to enroll in his insurance) then you still have nothing to worry, you have COBRA.

Either way you are SAFE and should be covered

Like the other OP mentioned, Obamas adminstration passed a law where in you can tax deduct the cobra expenses too.

So I dont see any problem whatsoever. So be cool, good luck to you and your family.

I know some OP's are suggesting legal options, with all good intentions ofcourse, but personally, I would not think about it, atleast for now as you may agree that EOD mom and baby's health are paramount.

.

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dummgelauft

07-01 11:11 AM

Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.

Exactly. There seems to be a mis-conception, which to a large extent has been fueled by some unethical companies, that being on L1A and having a gaggle of a few developers at client sites makes one "exceptional" and eligible for EB1. If somebody feels they should qualify for EB-2 after X years of experience,well, reason it out with your employer and re-file. I went through this. Restarted the whole process..labor and the whole shebang...to file in EB2 just because I was unable to convince the HR manager at one of my previous employers. That is the reason my PD is Oct 2006 and not July 2003.

IV supports AILF efforts to file the lawsuit and feels that if the lawsuit has a favourable judgement then, it will provide respite to lot of people in the Community IV represents. IV is not an organization which works with one motive and that is to get people out of the greencard mess and IV will support whoever helps its member community.

We feel that revision of Visa bulletin was not correct and AILF is absolutely correct to file a lawsuit against this directive and hence we support AILF in their bid to sue USCIS & DOS when do u think we may hear some affirmative action in this regard?

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gcseeker2002

12-06 11:59 AM

I am probably waiting for the longest here for EAD, my app received on July 2nd at NCS. Called numerous times, sent form 7001, emailed senators twice, 3 infopass appointments, still no progress. I submitted expedite request based on humanitarian grounds last week, have been calling daily to check status of expedite and still remains pending. My case now pending about 157 days. Anything more that I need to do ? ^^^^ bump ^^^^

From Immigration Fight Goes On Without Some Troops (http://immigrationvoice.org/forum/showpost.php?p=171495&postcount=1126) By June Kronholz | Wall Street Journal, September 20, 2007

With a comprehensive immigration bill unlikely to be revived in this Congress, supporters now are trying to pass smaller pieces of the original. Third could be a business-backed measure that vastly increases the number of visas available to highly skilled workers. Meanwhile, NumbersUSA, which helped kill the overhaul bill in June, is at it again. Members of the grass-roots group flooded Senate offices with faxed letters of opposition to the bill last spring. Now, it�s urging members to call their senators, and offers talking points should they be connected. Among them: Illegal immigrants would get in-state tuition, while out-of-state citizens don�t.

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NKR

09-29 11:39 AM

WHY DO YOU NEED TO MOVE PD FORWARD TO 2008 WHILE YOU HAVE SO MANY THOUSANDS OF CASES FROM 2000-2005 PENDING??

It is called Reverse Approval for Present Entries (RAPE), if someone wants to screw you without your consent, what else can you call that?..

My son was on H4 and joined undergraduate course in Canada last year. He is Canadian permanent resident too. As per July VB, I can file for I-485. My question is: 1. Can I and my wife file I-485 as AOS and file I-824 to change AOS to CP for my son, so that he may file I-485 as CP from US Consulate, Montreal, Canada? 2. If not, what are the options?

Thanks! ssinha63 PD Apr'04 I-140 approved

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natrajs

08-25 01:11 PM

And they say why Albert Pinto "Plassey" is an angry man?

My current H1 is expiring soon. My 3 year H1 extension is pending. I had receipt notice but NJ DMV at Wayne refused to accept that. My current License is valid only till the middle of the next month. Any body in the same boat? What shall I do?

My friend was in a similar situation last yr, He took his all his documents to Trenton DMV and they have given him 90 days extension.

Try that, Good Luck

Other Option is convert your H1 Extension to premium and get the approval before your H1 expiration date

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senthil1

05-24 03:38 PM

Also we cannot deny that Corporations also reason for putting the h1b restrictions. Why Indian consulting companies applying thousands of H1b in one day? I doubt usage of number h1bs are atleast 50% They were also wasting lot of h1bs just by applying and staying in India waiting for Job opportunity materialise but here many companies could not get persons for many projects. Some solution is needed for this issue for proper utilization of H1bs. Corporations could have suggested some solution for this if they are really responsible.

According to lot of estimates 100k new jobs are created and if we include retiring people and rotating people real new requirement will be 150k persons including H1b and L1. H1b numbers(115-180K) in the Senate bill are fine according to Industry estimates if industry is just using for new jobs and vacancies of old jobs without replacing current workers. It is too much restrictive in the bill but someone has to suggest alternative solution for the current problems. If they just remove the restrictions when they open new H1b cap will be reached within few days again corporations lobby for more H1bs.

I'm surprised that everybody in this thread got so scared of the language in a stupid bill and stopped thinking how clever Indians are in finding loopholes. I hate when all the extra-ordinary people think in the same direction. To start with, is it possible that these jokers will pass anything agaist the will of big techs like microsoft, intel, csco, think again? even if they did to make average(stupid) Joe happy, they wil keep loopholes making the law irrelevent. e.g. H1 quota limited but L1 unlimited. businesses more than 50 emps can not have more than 50% H1Bs, what do u think big desi consulting cos are in trouble? they will simply 10 more companies each having 49 people.

Other direction: when i came to US in '99 from SEEPZ, my US salary(in Rupees) was 12 times my indian salary, now it's just 2 times. Indian salaries are increasing 10-20% every year, and Dollar is going down (down 20% in 6 years, 40% including indian inflation), very soon there will be no advantage in coming over here, and you are worrying about future H1s having trouble getting GC?

No matter how stupid and selfish politician look/sound they always think about their contries future, and folks these are US politicians. take it easy and take a walk outside, it's nice out there.

PresidentO

04-02 12:17 PM

So here come the thing. Thats why i asked in my original post is IV just for people who have applied for Green card ? I wanted to know if they could address these issues as well . Regarding inability to work and self esteem , just stay in home for few days and then feel how much you loose. Man , its 21st century and ability to work is basic right.

First of all, IV is a grass roots org. I guess I dont need to tell what grass roots is. That means every one has to be a foot soldier in an effort. I understand that your problem is not the same as majority of the members here have. Thanks to IV on the VB fiasco. IV is not a share holder company that will give you results every Q. If you want accountability, you can find how the money is being spent. I guess some one posted it here very recently. Its publicly available on the net.

Based on my understanding, I can easily tell that IV has more than a full plate and neither funds nor grass roots efforts (there are few people who do the actual work. there are a lot who ask whether IV will do this or that. I guess they think every one else does the work than themselves) to push for H4's ability to work.

Oh wait a sec! While I have no issues with it, there will be a severe backlash on adding new workers. Again this is not my view. what you will get to hear if you go on the hill. Such provisions can be pushed when the economy is better and on a bigger vehicle such as CIR. In these times, just try not to get hit by Grassley & Durbin who will impose restrictions on the SC company you are working for. Imagine that!

While I agree that inability to work is a bad thing, I respectfully disagree that it causes a loss of self esteem. It results in a loss of self esteem when you have the opportunity to work, but you become a couch potato eating cheese curls and watching who wants to be a millionaire. You are encumbered by a stupid visa rule but not physically/legally encumbered to break out of it.

Obviously there are other things that are balancing or overpowering your spouse's inability to work, other wise you would be in Singapore or Canada or UKor where ever spouses are allowed to work.

sathyaraj

11-08 08:36 AM

Hopefully we will continue the fireworks before this yr to get the visa re-capture and increase in EB visas.